Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.1, an Executive’s Determination) that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 or 6.2, as applicable, then the Company shall, subject to Sections 6.6 and 6.7, pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:
Appears in 9 contracts
Samples: Change in Control Agreement (Nicor Inc), Change in Control Agreement (Nicor Inc), Control Agreement (Nicor Inc)
Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s 's independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.1, an Executive’s 's Determination) that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 or 6.2, as applicable, then the Company shall, subject to Sections 6.6 and 6.7, pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:
Appears in 7 contracts
Samples: Control Agreement (Nicor Inc), Control Agreement (Nicor Inc), Change in Control Agreement (Nicor Inc)
Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-subsequently enacted provisions of the Code other than Section 409A of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.15.2(a), an Executive’s Gross-Up Determination) it is later determined that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 5.1 or 6.25.2, as applicable, then the Company shall, subject to Sections 6.6 5.6 and 6.75.7, pay Executive within 30 days after the Executive determination an amount (which shall also be deemed a Gross-up Up Payment) equal to the product of:
Appears in 2 contracts
Samples: Control Employment Agreement (Allstate Corp), Control Employment Agreement (Allstate Corp)
Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-subsequently enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s 's independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.18.6(a), an Executive’s 's Determination) it is later determined that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 8.5 or 6.28.6, as applicable, then the Company shall, subject to Sections 6.6 8.10 and 6.78.11, pay the Executive an amount (which shall also be deemed a Gross-up Up Payment) equal to the product of:
Appears in 2 contracts
Samples: Employment Agreement (Commonwealth Edison Co), Employment Agreement (Exelon Corp)
Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-subsequently enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.18.6(a), an Executive’s Determination) it is later determined that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 8.5 or 6.28.6, as applicable, then the Company shall, subject to Sections 6.6 8.10 and 6.78.11, pay the Executive an amount (which shall also be deemed a Gross-up Up Payment) equal to the product of:
Appears in 2 contracts
Samples: Employment Agreement (Exelon Generation Co LLC), Employment Agreement (Commonwealth Edison Co)
Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-subsequently enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s 's independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.15.2(a), an Executive’s 's Gross-Up Determination) it is later determined that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 5.1 or 6.25.2, as applicable, then the Company shall, subject to Sections 6.6 5.6 and 6.75.7, pay the Executive an amount (which shall also be deemed a Gross-up Up Payment) equal to the product of:
Appears in 2 contracts
Samples: Control Employment Agreement (Allstate Corp), Control Employment Agreement (Allstate Corp)
Additional Gross-up Amounts. If for any reason it is later determined --------------------------- (whether pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s 's independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.16.2(a), an Executive’s 's Determination) that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 or 6.2, as applicable, then the Company shall, subject to Sections 6.6 and 6.7, pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:
Appears in 1 contract
Additional Gross-up Amounts. If for any reason it is later determined (whether --------------------------- pursuant to the subsequently-subsequently enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s 's independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.18.6(a), an Executive’s 's Determination) it is later determined that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 8.5 or 6.28.6, as applicable, then the Company shall, subject to Sections 6.6 8.10 and 6.78.11, pay the Executive an amount (which shall also be deemed a Gross-up Up Payment) equal to the product of:
Appears in 1 contract
Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-enacted provisions of the Code, final regulations or published rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s 's independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.16.2(a), an Executive’s 's Determination) that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 or 6.2, as applicable, then the Company shall, subject to Sections 6.6 and 6.7, pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:
Appears in 1 contract
Samples: Control Agreement (Peco Energy Co)
Additional Gross-up Amounts. If for any reason it is later determined (whether pursuant to the subsequently-enacted provisions of the Code, final regulations or published 17 rulings of the IRS, a final judgment of a court of competent jurisdiction, a determination of the Company’s independent auditors set forth in a Company Certificate or, subject to the last two sentences of Section 6.2.1, an Executive’s Determination) that the amount of Excise Taxes payable by the Executive is greater than the amount determined by the Company or the Executive pursuant to Section 6.1 or 6.2, as applicable, then the Company shall, subject to Sections 6.6 and 6.7, pay the Executive an amount (which shall also be deemed a Gross-up Payment) equal to the product of:
Appears in 1 contract